By Spy Uganda
Fort Portal: Mzee Masiko John Petero, a resident of Kitumba, Fort portal Tourism City has threatened to take legal action against controversial Tooro Kingdom Queen mother, Best Kemigisa Akiiki for obstruction of lawful court processes in the ongoing land dispute between the two parties. “She took our client to court, but before the very court she dragged him pronounces itself on the same, she has decided, as usual to use impunity by going ahead to raze down his banana plantation, fence it off and start development. This is not the first time she’s doing this, she’s taking Batooro for granted. Last time, a man called Allan Kagoro won a case against the kingdom over his plot of land neighbouring the palace, he even won the appeal, but instead of respecting the court ruling they went ahead fenced his land altogether with the palace. They took it by force up to now. So this impunity must be stopped,” said Joram Bintamanya, one of the area leaders.
Now, Mzee Masiko, through his lawyers Musinguzi K and Co. Advocates asserts that he is the rightful occupant of a piece of land located in Kitumba Ngombe A, Fort Portal Tourism City. This land, inherited from his late father Petero Rubaale in 1966, has been in his family since 1921.
Masiko, who was born on the land in 1954, has occupied and developed it without interference until last year when the Queen Mother began asserting ownership claims over the same and initiated a court case (No. FPT-00-CV-CS LD-008 OF 2023) to evict Masiko.
”Our client’s late father had occupied and possessed the said land way back in 1921 and was buried thereon. Our client was born on the suit land in 1954 and has since possessed, occupied and utilized the said land since that time to date without any interference from anybody” reads part of the notice intending to sue Queen mother over trespass.
Despite these legal proceedings, which have not yet progressed, she has reportedly started grading part of Masiko’s land without his permission. Masiko’s lawyers argue that this act constitutes to trespass and an attempt to forcefully seize the land, violating his security of occupancy under the Land Act.
”Our client has since developed the said land with a home stead, a banana plantation and trees and that is where he derives livelihood. Last year in 2023, you started laying false claims of ownership and you even filed a suit in Court No. FPT-00-CV-CS LD-008 OF 2023 seeking to evict our client from his land but you have since failed to prosecute the said suit” Masiko’s lawyers said in the notice, adding that ”while the suit is still pending in Court, you are grading part of our client’s land without his consent and authority. Be informed that your act of grading our client’s land without his consent and authority amounts to trespass and attempt to forcefully evict our client from his land with an absolute intention to grab the same”.
Following the developments, the lawyers demand that the Queen Mother cease all unauthorized activities on the land, restore it to its original condition, and compensate Masiko Shs. 50,000,000 for the inconveniences caused, along with Shs. 5,000,000 for the issuance and service of the notice. She has thus been given 14 days to comply or face legal action.
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”Should you fail to comply as herein demanded within 14 days from the date of receipt of this notice, we have stern instructions to commence both civil and criminal proceedings in the courts of law and we trust you know the consequences that shall result from such action” the lawyers said.
Background Of The Saga
It is worth remembering that in March last year, this mighty website reported about the arrest of three UPDF bodyguards assigned to Queen mother after she allegedly commanded them to illegally evict the 80yr old Masiko from the same piece of land where his parents and other relatives have been buried.
Before the attempted illegal eviction, the shameless queen mother had dragged the seemingly ‘insane’ mzee to court with an aim of intimidating him with court documents so he can flee off the same land.
The Queen mother had accused Masiko of illegally using her land without any consent from the Kingdom.
”The respondent [Masiko] without the knowledge and consent of the applicant [Queen Mother] has started pouring construction material on the suit land with an intention of building a permanent house thereon. The applicant seeks to preserve a status quo by preventing further acts of trespass till the determination of the main suit” Queen mother said in her notice.
For a couple of years, Tooro Kingdom has been defined as a scandalous Kingdom due to its endless battles most of these related to land matters, most of which are being commanded by Queen mother herself, most times using security personnel attached to her.
The Queen mother and her son King Oyo Nyimba Kabamba Iguru Rukidi IV, have always been accused of;
1-Evicting poor people from the land with impunity
2-Conniving with Gov’t to change kingdom properties into King Oyo and trying to compensate him as an individual.
3-Using impunity against their subjects on Kingdom land.
4-Failure to respect Tooro elders’ forum’s resolutions led by Prof Edwards Rugumayo on peaceful co-existence
5-Failure to respect religious leaders’ resolutions led by the Bishops among others.
Key among the mega scandals is when Best Kemigisa and her son in 2012 tried to grab tycoon Allan Bright Kagoro’s land before he dragged them to court and won the case. Although Allan win the case several years now, the kingdom administration ignored court ruling and denied Allan possession of the land which he won through Court. Infact, they went ahead and enclosed the said piece of land in their perimeter wall recently in order to permanently block him from accessing it.
Also, very recently , the King and his mother were exposed when they tried to change the Hostel along Kasese-Fort Portal road, opp. Kabarole hospital from the Kingdom ownership into personal property a deal that ignited fire in the kingdom until it was foiled by a group of Batooro.
